Religious leaders give nod to draft Bill

Religious leaders are in agreement with some intentions of the proposed law. Supreme Council of Kenya Muslims (SUPKEM) legal advisor Sheikh Ibrahim Lethome says the proposed property rights in marriage are laudable.

"Muslims do not dispute property rights between couples as our wives have the right to inherit a third of their husbands investments," he says.

Lethome says the Matrimonial Property Bill 2007 is generally a positive proposal that needs Parliament’s consent.

"Muslim women have property rights, to the extent that a wife can seek unpaid dowry through the Kadhi courts," Lethome says.

"Islamic teachings also provide for divorce and on how property can be shared. In general, Muslim women have property rights," he adds.

Reverend George Kahuho of the Presbyterian Church of East Africa (PCEA) concurs with Lethome.

"Marriage should always be conducted in dignity and the division of property should not drive protracted court battles," he says.

A section of clerics, however, were wary with the Bill and the way it spells out the division of matrimonial property arguing it would encourage divorce.

Seventh Day Adventist (SDA) Pastor Willie Ngugi says investments acquired during marriage must not be used tear the unions apart.

"We unite a man and a woman at the altar and make them one. Therefore, whatever they acquire should be put in one pool," he argues.

Ngugi adds that the spirit of sharing extends to ownership of property.

"The phrase ‘till death do us part’ means you are one and whatever investments should be shared between a husband and his wife. Cases of fighting over investments after divorce should be discouraged. We must support unity in marriage," he says.

David Koech of the Kenya Assemblies of God says divorce in itself should be discouraged. Julius Kitheka, who represented the Nairobi Pentecostal Church (NPC), also concurs.

The Catholic Church, too, believes marriage is a sacrament that cannot be dissolved. The Vatican website says a valid marriage has to endure until one spouse dies after which the surviving spouse is allowed to re-marry. The Catholic Church does not, therefore, grant nor recognise divorce unless there is sufficient proof that the marriage was invalid.

The clerics were expressing their views on matrimonial property and divorce during a two-day consultative retreat at Elementaita Country Lodge. The National Commission on Gender and Development (NCGD) organised the excursion for religious leaders to deliberate on the Matrimonial Property Bill.

Divorced spouses often face-off in court battling over ownership of property and custody of children.